Industrial Relations & Industrial Disputes

Industrial Relations & Industrial Disputes
Industrial Relations
 The term ‘Industrial Relations’ refers to relationships between
management and labour or among employees and their
organizations that characterize or grow out of employment.
 According to ILO, “ Industrial Relations deal with either the
relationships between the state and the employers and
the workers’ organization or the relation between the
occupational organizations themselves.”
Objectives of Industrial Relations
 To enhance the economic status of the worker.
 To regulate the production by minimizing
industrial conflicts
 To provide an opportunity to the workers to have
a say in the management and decision making.
 We can get max. output through min. input
 It is helpful for reducing the level of wastage.
Objectives of Industrial Relations
 To encourage and develop trade unions in order to improve the
worker’s collective strength.
 To avoid industrial conflicts
 maintain industrial democracy
 is the key factor of increasing the productivity.
Significance of Industrial Relations
 Industrial peace
 Industrial Democracy
 Improved productivity
 Benefits to workers
INDUSTRIAL DISPUTES
According to The Industrial Disputes Act,1947,
“ Industrial Dispute is any dispute or difference between
employees and employees , or between employees &
employers, or between employers & employers, which is
connected with the employment, or non-employment, or the
terms of employment or with the conditions of work of any
person.”
Thus it can be characterized as: The dispute could be between employer-employer, employee-
employee or employer-employee.
 The dispute must pertain to some work-related issue.
 Dispute between one or two workmen and their employers is not
an industrial dispute.
TYPES:
ACCORDING TO THE CODE OF INDUSTRIAL RELATIONS
INTRODUCED IN THE UNITED KINGDOM IN 1972,
DISPUTES ARE OF TWO TYPES:
D I S P U T E S O F R I G H T S
D I S P U T E S O F I N T E R E S T S
 Disputes of rights: the dispute related to the
application of the existing agreement or contract of
employment are known as the dispute of right.
 Dispute of interests: the disputes related to the
claims by employees or proposals by a
management about the terms and conditions of the
employment are known as disputes of interests.
Forms of Industrial Disputes
strikes
LockOuts
Gherao
Picketing
& Boycott
1) Strikes
A strike is a concerted withdrawal of labour from production
temporarily. It is a collective stoppage of work by a group of
workers for pressuring their employers to accept certain
demands.
 Economic strike
 Sympathetic strike
 General strike
 Sit down strike
 Slow down strike
 Hunger strike
2) Lock-Outs
 Lock-out is the counterpart of strike. It is the weapon available to
the employer to close down the factory till the workers agree to
resume work on the conditions laid down by the employer.
 Industrial Dispute act, 1947;
“ the closing of a place of an employment , or the suspension of
work or the refusal of an employer to continue to employ any
number of persons employed by him.”
3)Gherao
 Gherao means to surround.
 In this method, a group of workers initiate collective action
aimed at preventing members of the management from leaving
the office.
4) Picketing & Boycott
 When picketing, workers often carry/ display
signs, banners & prevent others from
entering the place of work and persuade
others to join the strike.
 Boycott aims at disrupting the normal
functioning of an enterprise.
Industrial Disputes In India
 Workers were largely illiterates, had no
organizing powers and clearly lacked
strong union leaders who could fight on
their behalf and deliver the goods.
MACHINERY FOR PREVENTION &
SETTELMENT OF DISPUTES
VOLUNTARY
METHODS
- Collective
Bargaining
-Trade Unions
-Joint
Consultations
-code of discipline
GOVERNMENT
MACHINERY
-Labour
Administration
Machinery
-State Level
-Central Level
STATUTORY
MEASURES
-Conciliation
-Arbitration
-Adjudication
1) Voluntary Methods
a) Collective Bargaining
Collective bargaining is a procedure by
which the terms and conditions of workers
are regulated by agreements between their
bargaining agents and employers.
The basic objective of collective bargaining
is to arrive at an agreement on wages and
other conditions of employment.
b) Trade Unions
Strong trade unions help
prevent industrial disputes.
They can bargain with
employers effectively and seek
quick redressal of grievances.
A strong union can protect the
employees interest relating to
wages, benefits, job security,
etc..
c) Joint Consultations
works
committees
• It have to be set up in
all those industrial units
which employs 100 or
more persons.
Joint
Management
Councils
(JMC)
• The JMC should consist
of equal numbers of
representatives of
workers and employers
(minimum 6 and
maximum 12)
d) Standing Orders
The term ‘Standing Orders’ refers to the
rules and regulations which govern the
conditions of employment of workers.
The Industrial Employment (Standing
Orders) Act of 1946 provides for the
framing of standing orders in all industrial
undertakings employing 100 or more
workers.
Statutory Measures
a) Conciliation
Conciliation is a process by
which representatives of workers
and employers are brought
together before a third person or
a group of persons with a view to
persuade them to come to a
mutually satisfying agreement.
b) Voluntary Arbitration
When conciliation proceedings fail to settle the dispute, the
conciliation officer may persuade the conflicting parties to
voluntarily refer the dispute to a third party known as
Arbitrator, appointed by the parties themselves.
The arbitrator listens to the viewpoints of both parties and
delivers an award or judgement on the dispute.
c) Adjudication
Adjudication or compulsory arbitration is the ultimate remedy for
the settlement of disputes in India.
Adjudication consists of settling disputes through the
intervention of third party appointed by the government.
Adjudication
Labour
Court
Industrial
Tribunals
National
Tribunals
Labour Court
 The labour court consists of one
independent person who is or has
been a judge of a High Court, or has
been a district judge or additional
district judge for not less than 3
years or has held any judicial office
in India for not less than 7 years.
Industrial Tribunal
 This is also a one-man adhoc body
appointed by the Government. It has a
wider jurisdiction than the labour court.
 The government concerned may appoint
two assessors to advice the presiding
officer in the proceedings.
CHANNO
National Tribunal
 This is the third one-man adjudicatory body to be appointed by
the central government to deal with disputes of national
importance or issues which are likely to affect the industrial
establishments in more than one state.